HomeMy WebLinkAboutResolution No. 602-07 Y A
• RESOLUTION
WHEREAS, it is necessary for the City of Rochester to acquire certain lands or interests
in the area of the proposed construction of a sanitary sewer trunk line from approximately the
Wood Lake Park Development area southerly to 40th Street S.E. This sanitary sewer extension
is needed to serve properties along 40th Street S.E., east of the 40th Street interchange area and
must be completed by June 1, 2008, to serve new development projects scheduled for
occupancy on July 1, 2008; and,
WHEREAS, the right of title and possession of the lands or interests in lands necessary
for the projects must be acquired by the City in order to construct the sanitary sewer trunk line
project; and,
WHEREAS, it may not be possible that all interest or interests in lands necessary will be
acquired by the City through a process of voluntary negotiation with the various property owners;
and,
WHEREAS, the construction of this extension of the sanitary sewer trunk line from
approximately the Wood Lake Park Development area southerly to 40th Street S.E., will improve
the effective and efficient delivery of a public water supply to this development and this area of
the City, help improve the public's health, safety and welfare, and constitutes a lawful and public
purpose; and,
• WHEREAS, construction of the project is anticipated to begin soon and therefore
acquisition of such property is needed as soon as is legally possible.
NOW, THEREFORE, BE IT RESOLVED by the Common Council of the City of
Rochester that the City is authorized to retain consultants needed for the real estate acquisition
process.
BE IT FURTHER RESOLVED that the City staff is authorized to negotiate or acquire the
needed land rights at a cost not to exceed 15% above the appraised value.
BE IT FURTHER RESOLVED that the City Administrator is authorized to settle and
approve the needed land acquisition at a cost in excess of 15% above the appraised value.
BE IT FURTHER RESOLVED that the City Attorney is authorized and directed, at the
request of the City Administrator, to initiate, in the name of the City of Rochester, appropriate
proceedings pursuant to Minnesota Statutes, Chapter 117, including use of the 90-day "Quick
Take" proceeding, in order to acquire any interests or interests in lands necessary which cannot
be otherwise obtained voluntarily, needed to facilitate the construction of a sanitary sewer trunk
line from approximately the Wood Lake Park Development area southerly to 40th Street S.E.
PASSED AND ADOPTED BY THE COMMON COUNCIL OF THE CITY OF
ROCHESTER, MINNESOTA, THIS /4U7-J DAY OF VCMMZ�5/L , 2007.
PRESIDENT OF SAID COMMON COUNCIL
IA�Wa6�Aj
ATTEST:
CITY CLERK
APPROVED THIS 20M DAY OF 12007.
MAYOR OF SAID CITY
(Seal 'of the City of
Rochester, Minnesota)
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